|Filed Under:||Industries / Law|
|Posts on Regator:||2611|
|Posts / Week:||8.7|
|Archived Since:||March 17, 2008|
Gustavson v. Wrigley Sales Company, 2013 WL 5201190, No. 12–CV–01861 (N.D. Cal. Sept. 16, 2013) Gustavson alleged that she’d bought various Wrigley and Mars products after reading and relying on their labels, which were allegedly misbranded. Show More Summary
U.S. Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., No. 11-cv-03162 (N.D. Cal. Sept. 3, 2013) I’m blogging this case because it has interesting TM/branding implications. The EEOC sued A&F for firing Khan (also a plaintiff) because she wanted to wear a headscarf as part of her religious observance. Show More Summary
Or New Spice, according to the username: this YouTube video offers "the grades your grades could be like."
Did he Decline of Sampling Cause the Decline of Political Hip-Hop? At the Atlantic, Erik Nielson suggests that it might have been a causal factor. “After all, sampling provided an important engagement with musical and political history,...Show More Summary
Forbes post up now.
Stutzman v. Armstrong, No. 2:13–CV–00116, 2013 WL 4853333 (E.D. Cal. Sept. 10, 2013) Plaintiffs sued Lance Armstrong, his publishers, and related defendants for violations of California’s consumer protection laws (and related state torts)...Show More Summary
I had the pleasure of being paired with Sir Robin Jacob in Rochelle Dreyfuss & Jane Ginsburg's forthcoming volume on IP at the Edge; my contribution is about Barbie and copyright/trademark defenses. Sir Robin, Daniel Alexander QC and...Show More Summary
Stahl Law Firm v. Judicate West, No. C13–1668, 2013 WL 4873065 (N.D. Cal. Sept. 12, 2013) The court sua sponte ruled that it lacked Article III jurisdiction over this false advertising case, thus depriving it of the ability o rule on defendants’ anti-SLAPP motion (and to require fee-shifting). Show More Summary
Allen v. ConAgra Foods, Inc., No. 13–cv–01279, 2013 WL 4737421 (N.D. Cal. Sept. 2, 2013) “Is Parkay Spray more like Pam® or liquid butter? That is he question posed by this consumer fraud action.” Allen alleged that ConAgra falsely marketed Parkay...Show More Summary
Mel Stanfill, Fandom, public, commons, Transformative Works and Cultures, no. 14. http://dx.doi.org/10.3983/twc.2013.0530 : Against the background of historically non-strictly-controlled forms of authorship and property, fan creative...Show More Summary
Bruton v. Gerber Products Co., No. 12–CV–02412–LHK, 2013 WL 4833413 (N.D. Cal. Sept. 6, 2013) Bruton alleged that she bought a number of specified Gerber products for her under-2 child, including some from its 2 nd Foods group, Yogurt Blends, and Graduates. Show More Summary
Groeneveld Transport Efficiency, Inc. v. Lubecore International, Inc., Nos. 12-3545/3576 (6th Cir. Sept. 12, 2013) Congratulations to Mark McKenna, whose amicus brief made the key arguments endorsed by the court here. A jury awardedShow More Summary
Fisher v. Monster Beverage Corporation, No. EDCV 12–02188, 2013 WL 4804385 (C.D. Cal.)| July 9, 2013) Plaintiffs brought the usual California claims, including warranty claims, over Monster’s energy drinks’ allegedly excessive and unwarned-for caffeine. Show More Summary
Vincent v. Utah Plastic Surgery Society, No. 2:12–CV–1048, 2013 WL 4782354 (D. Utah Sept. 5, 2013) Plaintiffs are cosmetic surgeons—a specialty “dedicated exclusively to the enhancement of appearance through surgical and medical echniques”...Show More Summary
NPR on a doctor's "Breakfast at Tiffany's" cover that teaches how to treat asthma.
I don't read every ASA ruling, but they certainly are informative to an American, representing a much higher degree of scrutiny than US regulators give to ads. Tesco Mobile Ltd. recently avoided a finding of breach of the advertising...Show More Summary
Cascade Yarns, Inc. v. Knitting Fever, Inc., No. C13–674RSM, 2013 WL 4721812 (W.D. Wash. Sept. 3, 2013) Cascade initially sued defendant KFI alleging that certain yarns it sold were mislabeled as to fiber content in violation of the Lanham Act and Washington state law. Show More Summary
I have a piece up at Jotwell about Kristelia Garcia’s Private Copyright Reform.
In re Frito-Lay North America, Inc. All Natural Litig., No. 12–MD–2413, 2013 WL 4647512 (E.D.N.Y. Aug. 29, 2013) Plaintiffs alleged that Frito-Lay and its parent PepsiCo falsely marketed various Tostitos, SunChips, and Fritos Bean Dip...Show More Summary
In re Gerber Probiotic Sales Practices Litig., No. 12–835, 2013 WL 4517994 (D.N.J. Aug. 23, 2013) Plaintiffs alleged that Gerber’s Good Start Protect Infant Formula, Good Start Protect Formula for 9 through 24 months, and DHA & Probiotic...Show More Summary